Terms of Service
1. ACCEPTANCE OF TERMS
Welcome to the Windgate On The Lake resident web site also referred to as "windgate.org." The following are the current Terms of Service ("TOS"), which may be updated from time to time without notice. You can always review the most current version of the TOS at any time in the "Documents" section of the web site. Windgate On The Lake Condominium Owner’s Association, Inc. (WOTLCOA) and Windgate On The Lake Association, Inc. (WOTLA) are included in these Terms of Service. By accepting this Terms Of Service, each resident acknowledges their
agreement and consent to receive electronic notices of resident, committee and Board meetings. Further, the acceptance of this TOS will become part of WOTLCOA and WOTLA official records.
2. MEMBER ACCOUNT, PASSWORD AND SECURITY
You are solely responsible for maintaining the confidentiality of your password and account, and
are fully responsible for all activities that occur under your password or account. You agree to immediately notify the windgate.org web administrators of any unauthorized use of your password or account or any other breach of security
3. MEMBER CONDUCT
a. We will not accept users postings that threaten, make fun of, or disparage others. These posts will be removed. Also, we expect posts to be clean with no foul language or links to offensive sites.
b. Please do not post copyrighted materials on this site. If you copy and paste copyrighted material, it will be deleted. In addition, no material found on this site may be published, or otherwise used without the written permission of the Board of Directors of WOTLCOA and WOTLA, the representative of the owners of this site.
c. Any attempt by anyone entering this site to harvest e-mail and/or other information about
our subscribers, affiliates or visitors is prohibited and will be dealt with to the fullest extent of the law.
d. Graphics, pictures, or banners are not allowed in any posts or signatures, except when
included in Classified Ads, and will be deleted by our web administrators without notice. A small picture may be included in your Profile by entering the URL of the image in the box provided. The curator of the website Photo Gallery, appointed by the Board of Directors, may publish appropriate pictures submitted by any resident.
e. Don't post commercial advertising messages or solicitations in message boards. Any URL containing a referral code or referral address will be edited or deleted at the discretion of the web administrators. These are considered advertising. Listing of any URL in a signature is limited to only "home pages" that include no advertising or referral. Links to businesses or pages with advertising are prohibited in signatures. No "blind or hidden" referral links are allowed.
f. The residents of the WOTLCOA and WOTLA, by and through their contracting authority, and pursuant to the provisions of Titles 39 and 47 of the United States Code, as amended from time to time, hereby place the reader and user of this web site on legal notice that the resident information contained herein may not be disclosed, disseminated, or used in any manner whatsoever, including, but not limited to purposes of solicitation of products or services by mail, telephone, or otherwise, without the express, advance written permission of the individual resident.
g. Any conduct by you that in the web administrators or Board of Directors discretion restricts or inhibits the use of this site by any other subscriber or visitor will not be tolerated. We reserve the right to pursue any and all legal and equitable remedies against you, including the posting of your address and the reporting of your activity to our partners, your Internet Service Provider (ISP), and other authorities.
h. Distribution of “jokes” on the website is prohibited, as are solicitations of membership or participation in or contributions to any activity, group or organization not specifically sanctioned by WOTLCOA and WOTLA Board of Directors.
i. Violation of these rules can lead to the removal of the member from participation in the website.
j. Any material in any post that is determined to be in violation of a, b, c, d, e, g or h may be edited or deleted at the discretion of our web administrators or Board of Directors. If we should fail to enforce any right or provision in these terms and conditions, you agree that this failure does not constitute a waiver of such right or provision. If you are aware of any violations of these terms and conditions please report them to the web administrators.
4. MEMBER RESPONSIBILITIES
You agree to not use the web site to:
a. Transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way;
c. Transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. Transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
e. Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
f. Violate of any applicable local, state, federal or international law;
g. "Stalk" or otherwise harass another; or
h. Collect or store personal data about other users or neighbors.
You agree to indemnify and hold the WOTLCOA and WOTLA, and committee volunteers, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the windgate.org. website, your use of the web site, your violation of the TOS, or your violation of any rights of another.
a. You agree that the Board of Directors of WOTLCOA and WOTLA, or web administrators of the windgate.org website, at their sole discretion, may terminate your password, account (or any part thereof) or use of the web site, and remove and discard any content within the web site, for any violation of Section 3 “Members Conduct”. The Board of Directors or web administrators may at its sole discretion and at any time discontinue providing the web site, or any part thereof, with or without notice.
You agree that any termination of your access to the web site under any provision of this TOS may be effected without prior notice, and acknowledge and agree that the web administrators may immediately deactivate or delete your account and all related information and files in your account, pending review by the Board of Directors at the next scheduled Board meeting. Further, you agree that the WOTLCOA and WOTLA, Board of Directors or web administrators shall not be liable to you or any third party for any termination of your access to the web site.
b. Any resident terminated has the right to be heard at the next scheduled Board meeting.
7. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the WOTLCOA and WOTLA, Board of Directors or the web administrators shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the web site.
The windgate.org website may provide links to other World Wide Web sites or resources. Because the WOTLCOA and WOTLA, Board of Directors or web administrators have no control over such sites and resources, you acknowledge and agree the WOTLCOA and WOTLA, Board of Directors or web administrators are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the WOTLCOA and WOTLA, Board of Directors and web administrators shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
9. DISCLAIMER OF WARRANTIES
By logging on to the windgate.org website you expressly understand and agree that:
a. Your use of the windgate.org website is at your sole risk. The service is provided on an "as is" and "as available" basis. Windgate.org expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Notices to you may be made via either email or regular mail. The web site may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the website.
The WOTLCOA and WOTLA Boards of Directors, AtHomeNet, or members of the windgate.org web administrators are not liable for the content of any posts. We only review them for foul language, referral links, and other items covered in these policies. We do not verify or endorse as true any information posted by a member.
All headings and subheading employed within this TOS are inserted only for convenience and reference only. Headings are not to be considered in the interpretation of any provision of this TOS.
12. INVALIDITY OF A PARAGRAPH
If any section, sentence, or paragraph of this TOS is found to be invalid, void or unenforceable,
the remainder of the TOS will continue in force.
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